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The purchase of the flat by the spouses has its own characteristics.
Under the law, the default regime is the acquisition of real property into common property and then the spouses can divide it into shares.
But there are options to allocate ownership when necessary, for example, for tax deduction to one of the spouses.
Special features of types of property
The equity is referred to as the ownership regime in which each co-owner is allocated a separate portion of the property..
Proportional shares may be allocated, for example, each owner has 1/2 or 1/4 or evenly: for example, the husband may own 2/3 and the wife may own 1/3.
This uneven distribution is usually used to obtain a deduction of property.
In any event, the property purchased during the marriage is considered to have been acquired jointly and, in the event of divorce, will be divided in half; the shares will be considered proportionally divided.
Unlike joint property, where the spouse cannot sell property without the permission of the other partners,The owner of the share can be sold, given, bequeathed, in effect converting the property into a communal property.But, of course, the second party will have the priority right of ransom, so it will be necessary to get the remaining co-owners to refuse to buy the share.
Conditions of purchase
The Civil Code of the Russian Federation states that, by default, when a spouse buys a dwelling, the joint property regime applies; this rule is maintained in 2023; most often, real estate is registered on one of the spouses – this is easier with documents.
It is possible, however, to acquire a share of the property, i.e. to arrange for each of the spouses part of the dwelling, for example in the following cases:
- When the agreement on the division of property is signed after the joint property has been issued (the so-called allocation of shares is made with the participation of a notary);
- At the time of signing the marriage contract, which may be drawn up before and after the transaction;
- The purchase by each spouse of a share in the dwelling separately for his or her own funds not acquired during the marriage, such as gifted money or proceeds from the sale of personal property.
In any case, the algorithm for buying a flat by a husband and wife into a share of the property is almost the same as the normal course of action. A few nuances should be taken into account, for example, to specify in the contract the share of each owner, and to pay the value of the property separately for each share.
Role of the marriage contract
The marriage contract between the spouses is the most important document that regulates the distribution of shares, and the husband and wife can agree on the distribution of the share of property between them in the event of divorce.
The amount of the share in the marriage contract shall be retained by the former spouses in the event of the dissolution of the marriage.
If mortgage taken
If the dwelling is purchased by mortgage, it shall be jointly owned by the spouses; the mortgage holder shall be a bank; and the parties shall not give shares until the debt has been paid and the burden has been lifted.
After the mortgage is paid, the parties may arbitrarily allocate shares according to their needs – or leave the home in joint ownership.
It is more difficult for the spouses to separate during the repayment of the mortgage, in which case the sharing of shares and debts is decided jointly with the bank, and the spouses may split the dwelling immediately and make a separate loan for each share, or they may separate the property at a later date after payment of the mortgage.
In the case of flattened construction
Many families are still trying to buy housing at the construction stage, because it is much cheaper, and when they buy a share of the money, the money is shared, and the contract itself can be made for both spouses and for one of them – but there is no legal difference between the forms.
In the purchase of housing under the DUD, the property is transferred by the spouses to the general level, which is displayed when the property is registered after the completion of the construction, and the dwelling is issued to the person specified in the DUD, but in the case of divorce, the property is divided equally between the spouses.
The parties may enter into a marriage contract which will specify the size of the shares, which may be signed at the construction stage, but the terms of the contract will enter into force upon completion of the construction.
If the proportion is allocated to children
Children may become owners of housing in the following cases::
- If the housing has been purchased with the funds of the mother ' s capital;
- If the parents have decided to give them their shares voluntarily (gift them);
- If an alternative transaction is made with a similar share of the minor.
The purchase of housing with children among the owners has a number of characteristics:By law, parents cannot take their children ' s shares and vice versaTherefore, shares must be allocated immediately in the apartment to be purchased; such property cannot be general; and such a transaction is subject to the supervision of the guardianship authorities.
Where a notary is needed
The notarization of a transaction is costly and significant, and it is therefore necessary to know immediately whether a notary is needed in the conduct of a transaction.
According to the latest amendments, notary certification of the transaction is required only for the disposition of property in common ownership and for the sharing of shares; no mandatory assurance is required for the purchase of the dwelling.
Consequently, spouses who buy an apartment in 2023 do not need to confirm a deal from a notary if:
- They purchase an apartment from a sole seller;
- are going to own housing in common property.
If you're gonna have to visit a notary room, or if the kids are involved in the deal, or if the vendors are a few..
What's in the contract?
There is no single model for the drafting of a treaty, but there are mandatory elements to be found in the agreement, for example:
- The time and place of the transaction;
- Data from the seller and both buyers;
- Details of the property to be sold - apartments with their area, address, location, etc.;
- The cost of the dwelling;
- Method and manner of payment;
- Time frame for the transaction;
- The rights and obligations of the seller and buyers;
- Procedures for the settlement of disputes;
- Number of copies produced.
At the end of the document, all parties to the transaction must sign and decrypt.
Procedure for processing the transaction
The rules for the purchase of flats are slightly different from those for the purchase of an apartment in general.
- Find a salesman, better the sole owner of real estate (this makes the sales process easier);
- To negotiate with him the terms of the sale of the dwelling;
- To conclude a contract specifying the shares of each future owner of the property;
- Pay their shares of the personal assets of the spouses who are not co-founders;
- to apply for State registration.
Many nuances need to be taken into account in more complex actions, and if there is a desire to make a purchase specifically into equity ownership, it is better to include a professional lawyer in the transaction than just a realtor.
But it is easier to buy a common property first, and then, with the help of a notary, to separate the shares or enter into a marriage contract.
Collection of tax deduction
The allocation of shares is important for the collection of property tax deductions; if there is joint property, one of the spouses is deducted, and the other one is rejected.
In the case of shared property, each spouse receives a tax deduction corresponding to his or her share separately from each other.
It is possible to obtain compensation even in different periods of time – this is not limited by law..
Sometimes it makes sense for one of the spouses who earn more to allocate a larger share to enable him to recover the maximum amount of money.
The total deduction is 2 million roubles for one real estate, so it's still more than 13% unrecoverable.If a person has not fully exercised his or her right, he or she may transfer the balance to another property and receive his or her full deduction.
Useful video from ipotek.ru about the features of buying an apartment into equity:
Registration of transactions for participants in equity property will be facilitated
Since July 31, 2023, the registration of transactions for equity participants has been simplified, which means that since the end of July the shareholders do not have to go to the notary if both parties to the transaction have agreed.
Rosreest reminded citizens of the changes to Federal Act No. 218-FZ on State Registration of Real Estates, which will begin to work on 31 July. What are they important for? The amendments abolish the mandatory notarization of certain types of transactions with shares in common property rights.
According to the innovation of 31 July 2023, there has been no need for notarization of transactions in the case of expropriation or mortgages by all participants in the share of their shares in one transaction.
Nor is there a need for notarization of mortgages in common ownership of immovable property entered into with credit organizations.
However, as a general rule, disposition transactions or mortgage contracts are subject to a notary certificate of ownership of immovable property.
Rosreestra's dual sites will be removed from the Internet.
The amendments are important and concern a large number of citizens: according to Rostreestra statistics, as of 31 March 2023, 65.4 million rights were registered in the Single State Real Estate Register for the total share of property held by natural persons.
The problem with the proportion of citizens has recently become very acute, and the courts are now flooded with claims involving owners and buyers of those shares, as well as with criminal records, when the minimum share is bought and the survival of the owners begins.
The innovation will enable participants in common equity ownership who decide on a reciprocal basis to make a transaction to reduce the temporary and financial costs of the disposal and mortgage of the property.
Until 31 July 2023, the State Real Estate Registration Act is currently being drafted.
It should be recalled that notarial certification of property ownership transactions became mandatory in 2016 when article 24 of Federal Act No. 122-FZ on State Registration of Real Property Rights and Transactions was amended; these amendments were also taken into account in Act No. 218-FZ.
Reference by the "WG"
On 1 May 2023, the President of the Russian Federation signed a federal law on amending certain legislative acts of the Russian Federation with regard to the particulars of the modification of the terms of the loan contract, a loan agreement concluded with a borrower, a natural person, for purposes other than his business activities, and the obligations of the borrower under which the mortgage is secured at the request of the borrower, which amends article 42 of Federal Law 218-FZ on State Registration of Real Estate.
On second reading, the Duma is considering a bill prohibiting the sale of microdolas in apartments, which will protect people from raiders.
An unusual loan will be granted to those who wish to move to abandoned villages
It is proposed to establish a rule whereby a share in the right to common property may be created provided that the share of each owner enables him/her to be settled in the home, while respecting the standard of accommodation, with exceptions being privatization, inheritance and in cases where the right to common share property arises by virtue of the law.
There is a restriction on the owner's right to house "three persons" if each of them is subject to a lower standard of accommodation, and one of the amendments made after first reading states that only in individual cases, such as in court, or if it is a child or the owner's parents, is allowed to do so.
Special features of the purchase of the flat by the spouses
What's shared property and what's shared property?
When a contract for the sale of an apartment is concluded, the new owner is entitled to ownership of the facility, and if the owner is alone, the situation is understandable.
Most often, however, an apartment is purchased by marriage or by a few natural persons, passed by children, and may also be made available to several persons.
In this case, the answer is mixed, meaning that the property is not unique but common; in turn, the common property has two options: joint and shared.
Domain propertyThis is when the property has several owners, whose shares are strictly distributed among them, and each person is issued with a certificate of ownership that clearly indicates how much of the property belongs to a person in a particular apartment, which is separate, which means that it can be sold.
It is in the case of shared property that a part of the dwelling can be sold, thus breaking it apart and making a de facto communal apartment out of the whole property. Of course, before realizing its share, it must be offered to the owner of the second share, under the same conditions as on the free market.
If he refuses, the share can be sold to anyone on general grounds.
With regard to joint propertyThe common property cannot be broken up, divided, sold, etc. It is a single property owned by two people.
In this case, on paper, the apartment has one owner – for example, one of the spouses, and in fact two owners – and something to do with the apartment – to sell, change, mortgage, etc.
- without the consent of the other side, it's impossible.
When purchasing an apartment, by default the property is considered to be a joint property, but if the spouses so wish, it can be divided into shares.
Purchase of the flat by the spouses
As is well known, there is a strict legal provision that everything that spouses buy in marriage into joint funds is divided in half in divorce, i.e. the apartment purchased by the spouses in marriage is in any case joint property.
But, of course, they have a choice.to set up an apartment for one of the spouses, or both..
- In the first case,when the dwelling is issued as one ownerBy the way, the purchase will require a notarized permit from the second spouse, the owner of the dwelling will be the husband or wife, but in fact they have the right to own and dispose of it, and one person will not be able to do anything about it without the other, and all actions concerning the dwelling will be taken only with the notary consent of the second party.
- In the second case (both registrationsWhen purchasing an apartment, the sales contract specifies two owners of the dwelling, both spouses. It also defines the shares of each of the spouses, most often divided in half, but different options are found. The package of documents submitted to the registration authorities is virtually the same as the one in which the owner is a spouse, but only has to specify the shares for each of the spouses. On the other hand, it is not necessary to write and certify each other ' s consent to the purchase.
If you buy a flat as a share, you should also think about how you pay for the property. If you don't have a question, it's best to do it in proportion to your share. So each spouse pays his or her share, which will ensure that there are no questions on the part of both the government and the tax authorities when applying for a property tax deduction.
One of the spouses may establish an apartment as a share of the property, with the power to do so, which means that he must have the power of attorney of the second, notarized, to do so.
But it must be understood that whatever the share of the property in the dwelling, it is, in any case, the property acquired jointly, which means that it belongs to the spouses in equal half.
Even if the sales contract divides the apartment by 1/4 and 3/4, and in the same shares it is registered with the public authorities, it will be divided in half when the property is divided.
This provision can only be changed in one case — if a marriage contract is drawn up.
The marriage contract is a pretty strong document that settles the property relationship between the spouses, and its provisions and paragraphs always apply to the execution of the division of property acquired during the marriage, and it is he who can resolve the equity issue by circumventing the law.
For example, when it comes to the division of property, it is left to the registered person, then the distribution of the share in the purchase of the dwelling makes great sense.
Property deduction for NPFL with equity property
The sharing of the property by the spouses in the marriage has an impact on the calculation of the property deduction under the NPFL. And if this aspect – to register in joint or shared property – is not decisive (in the absence of a marriage contract), then it has a significant impact on the reimbursement of a tax on the income of natural persons.
Both spouses and one of them may be deducted from the joint property.
In the latter case, the second spouse is writing a refusal to receive a deduction to the benefit of the family as a whole.
If the dwelling is in equity, each spouse is deducted from each other, and it is important to note that they receive the deduction in proportion to the shares distributed.
As a general rule, the deduction is 2,000,000 roubles.The total value of the dwelling is proportional to the shares (not the number of people on whom the property is issued), which is the deduction for each of the spouses.
But only if the value of the dwelling purchased is 2 million roubles, or less than that; if the price of the dwelling exceeds the limit, the deduction for each will be taken as 2 million roubles multiplied by its share.
Therefore, who has a larger share will receive a larger deduction.
In the case of equity ownership, everyone receives a deduction of NPFL in amount, and no additional applications need be made.
Without a stamp in the passport
What you need is a couple who wants to buy a place but doesn't plan on getting married.
Photo: ITAR-TASS/Interpress/Peter Kovalev
Situations where a man and a woman choose not to formalize their relationship but live together and even have common children and acquire real estate, including mortgages, are not uncommon, but such a union is legally different from a legal marriage, and cases where the rights of one of its members are violated are also common.
We're telling you how real estate is processed that you have to provide for a couple to share property purchased in an unregistered marriage without problems, if necessary.
What is a civil marriage
To begin with, there is no civil marriage, no such concept in Russian law; marriage in Russia is only recognized as a union registered with the civil registry authorities (the Family Code of the Russian Federation, art. 1, para. 2).
Property acquired by the spouses during the marriage is their joint property (except for property acquired by one of the spouses as a inheritance or gift).
If the marriage is not officially registered, the couple may not have joint property either.
"Russian law does not equate civil relations between a man and a woman (i.e., cohabitation) with marriage, and therefore does not extend to them the rules on the legal protection of spouses," notes the head of Incom Real Estate's legal service, Svetlan Krasnov. "Unfortunately, there are many cases in which a woman or a man is left with nothing after the end of the de facto marriage, since all the property acquired during the cohabitation period was purchased in the name of the second half."
Even if both civil spouses were financially involved in the purchase of the apartment, the owner would be the one in whose name it was issued.
How to Prove Purchasing
If the official owner refuses to voluntarily share an apartment with a former partner on separation, it will be very difficult to prove the latter's involvement in the transaction.
This is possible if the couple took care of everything in advance and provided the necessary proof that the apartment had been spent on both.
This may include, for example, receipts from the official owner of the dwelling to obtain a certain amount of money for the purchase of the dwelling from his or her common-law spouse.
The couple may also draw up a written agreement for the purchase of real estate, supported by confirmation of the non-cash transfer of money for specific purposes; the judgement may also be influenced by evidence that the couple lived together for a long time, had a common home, etc.
How to Regularize Housing
The simplest way to protect their rights by buying real estate in an unregistered marriage is by placing it in the general equity property, i.e., the share of the buyers, in which case no one will have to prove their participation in the purchase, since each partner ' s share is established at the time of the acquisition of the property and entered into the State Register (EGN), Svetlana Krasnov notes.
In making such a transaction, it is possible to distinguish both equal shares and unequal shares, taking into account the contribution of each of the spouses.
"The purchase of real estate is no different from the purchase of an apartment by a physical person in a warehouse," explains the head of TOP Idea Oleg Stupenkov. "In this case, it will be necessary to specify the shares to be held by a common-law spouse, most often 50-50, but there may be other arrangements, such as 30 over 70."
Buyers must remember that they each have the right to sell, bequeath, and give their share to whomever they want, but the priority right of purchase remains with the second co-owner.
A mortgage in a common-law relationship
In the past, banks had refused loans to couples who had not officially registered a marriage, and now they had lightened the demands, and the common-law spouses could take the mortgage together.
"In this case, if the transaction is mortgaged, the two physical persons simply perform with the borrowers, and after closing the loan and lifting the encumbrances, the property is in pre-defined shares," explained the chairman of the Board of Directors of Best Novostroy, Irina Goodhotov.
The mortgage is a simple and reliable way to buy housing in a common-law marriage, so that the rights of all parties are protected, both of whom are entitled to a share, adding the managing partner of Metroum Maria Litinetska. Each share will be collateral on a loan.
Problems may arise if one of the borrowers suddenly stops paying, for example, the partners agreed that the monthly payment was split in half, so they had 50-50 shares in the apartment, but let's say one or two years later they decided to break up, and one of them stopped investing in an unnecessary mortgage.
"If such a situation had occurred between official spouses who had not entered into a marriage contract and the matter had reached divorce and the division of property, the apartment would have been recognized as joint property and divided equally," Irina Goodhotov said.
- In the event that the borrowers are not legally related, the person who pays the loan properly may agree with the bank to enter into an additional mortgage agreement and re-register the mortgage contract for himself, respectively, and complete the dwelling in the future.
In this case, the first loaner's monetary contribution will be reduced and left with nothing."
If you bought a place first, then you got married.
There are many cases in which the apartment was purchased in an unregistered marriage, then the couple married, and a few years after the divorce, one of the spouses had nothing to do with it.
When the couple finally decide to register the marriage, they may conclude a marriage contract, stating that the property is acquired jointly and is to be divided as acquired in marriage, i.e. under the Family Code.
But still, as realtors say, the safest option for insurance is to buy real estate in an official marriage.
Total joint property on an apartment in Ukraine: How to divide in 2023
First of all, it should be noted that in civil law, common joint and common share property is allocated, and joint property is considered to be common property without determining the share of each owner.
A typical example is the property of spouses, but not only spouses can be joint owners.
Property acquired through joint labour and common funds by family members is also considered to be their common joint property.
Total shareThe property of two or more persons shall be deemed to be the property of each person, with a determination of the proportion of each person.
As a rule, apartments were transferred to joint equity property with equal shares as a result of the privatization of housing.
Ukraine also has a presumption of joint ownership: common property is considered to be a joint property if no common joint property has been established by law or treaty.
A joint property owner may dispose of common property only with the consent of all other owners; if a transaction is subject to notarization and (or) public registration, such consent must be expressed in writing and notarized; first of all, it concerns real estate transactions.
Failure to agree in writing to the conclusion of a transaction by an accomplice may give rise to an action against the court to render the contract null and voidTherefore, buyers need to be alert, especially when it comes to common property between the spouses.
60 The Family Code of Ukraine (hereinafter referred to as the Code of Criminal Procedure) is considered to be joint property acquired by spouses during marriage, regardless of the fact that one of them did not have an independent income.
Even the personal property of one of the spouses may be recognized jointly by court order if it is proved that during the marriage it has significantly increased in value at the cost of the joint costs or costs of the other spouse (art. 62, para.
The joint property regime also applies to the property of a man and a woman living in the same family but without registration of the marriage (art. 74, para. 1); even if the marriage has been dissolved, the joint property of the property acquired during the marriage is retained if no spouse has claimed the division of property.
The requirements for the division of property upon dissolution of marriage shall be subject to a period of three years; however, the period shall be calculated from the day when one of the spouses has learned or may have learned of a violation of his or her right of ownership.
In practice, therefore, there are cases in which one of the ex-spouses is brought before a court for the annulment of a transaction concluded five years or more after the divorce.
It is possible to be insured in such cases by trying to gather the most comprehensive information about the seller, after which it will be useful to talk to the neighbours about the family situation of the potential disposer.
And the most important thing is:The contract should always indicate the real value of real estate.
In such a case, even if the transaction is declared invalid by the court, the buyer will receive the full amount paid back.
If you are to sell your share of the common joint property, you must first allocate it in kind; the only exception is that one of the spouses should take away his share in favour of the other, which may be concluded without the allocation of that share.
And if there is no agreement between the co-owners, the matter shall be decided by a court.
Each owner ' s share is considered to be equal.
However, there are exceptions.
For example, a court may reduce the share of one of the spouses if he does not care for the family, conceals, destroys or destroys the joint property, or uses it to the detriment of the family; and the share of the husband or wife in the joint property may be increased if the minor or disabled children remain with him or her, etc.
We recommend reading legal articles on the topic:
The main difficulties in selling part of the property in common share ownership relate to the so-called "principal right", which is owned by an accomplice.
It is understood that, in the case of the sale of a share in the right of common share ownership, an accomplice to the property has the right to acquire it in preference to other persons at a price declared for sale and on other equal terms (art. 362, para. 1, of the Civil Code).
The seller of the share of the common equity right is required to notify the other partners in writing of its intention to sell the share, specifying the price and other conditions under which it sells it..
Only if the other partners have waived their rights or have not exercised them within one month (and in the case of the disposition of movable property within 10 days) does the seller have the right to enter into a contract with other persons.
In any case, he has the right to buy the rest of the property over others.
If there are more than one co-owner and all of them have expressed a desire to acquire the rest of the real estate, the seller has the right to choose the buyer among them.
In the event of a violation of the priority right to purchase, an accomplice may apply to the court for a transfer of the buyer ' s rights and obligations.
In such a case, the claimant is required to pay the sum of money to be paid by the buyer under the contract to the court deposit.
In practice, sellers often try to circumvent the law, the easiest and most efficient way to offer a partner a known high price, which he cannot afford to pay, but in that case it is likely that a month will have to wait for an answer from an angry neighbor.
If time is "squeezing," they tend to try to find other ways; for example, it is not a sales contract but a gift contract, but, first, if the parties to the contract are not related, the transaction will look suspicious, so there may be problems finding a notary to certify it.
Secondly, a gifted person who is not a close relative of the giver will have to pay income tax in Ukraine; third, there is a high risk to the buyer because the transfer of money to them is never documented.
If a transaction is declared null and void, he runs the risk of being left without real estate and without money.
Sometimes the sales contract seeks to be covered by other contracts: for example, for life-long maintenance or rents; there is a risk of fraud on the part of the seller in the case of life-long maintenance.
It is not lawful for a person to take part in the transaction, except in the case of a person who has acquired the property, or who has been given the goods, to take care of the property, or to provide for the disposer in an improper manner; in such a case, the person who has purchased the property will be deprived of it; and the fact of the transfer of the money is again not recorded, so that the buyer will not be able to return it, nor will he be able to return it.
On the other hand, funds allegedly spent on the seller ' s care are not legally refundable, and a life-long contract is more than suspicious if the seller is still able to work.
With respect to the rent contract, the main disadvantage is that the recipient of the rent (i.e. the seller) acquires the right to security over the real property transferred for payment; in addition, the property transferred for payment of the rent can only be disposed of with the consent of the same recipient of the rent.
A common way to dispose of a share in the total share of property is to transfer it to the buyer allegedly for debt; for example, the seller and the buyer of real estate enter into a loan contract between themselves; the seller naturally does not pay the debt.
The buyer requests the court to recover the "debtor"'s arrears, resulting in a settlement agreement between the buyer and the seller whereby the seller transfers its share of the real estate to the buyer in respect of the repayment of the debt.
A peace agreement is approved by a court decision and is a legal instrument subject to State registration.
This method is most time-consuming and involves additional legal costs, and the co-defendants whose rights affect such a judicial determination may appeal to the appellate court, which may also make life more difficult for the buyer.
As can be seen, attempts to circumvent the law in the case of a sale of a share of the right of common equity may most often affect the buyer, so it is worth carefully weighing the risks in trying to disguise the contract for the sale of the share in the property, and most importantly, do not forget to consult a lawyer.
Purchase of a flat into equity property
The purchase of a flat into equity property in 2023 has many nuances and should not be carried out in haste.
The shares may be both proportionate and unequal, and each such portion of the property is subject to a separate title document.
In order to understand clearly what ownership of shares is, this issue needs to be addressed in more detail.
What is the difference between joint and joint ownership
Both forms of ownership imply multiple owners, but there are significant differences.
|Joint property is the ownership of real property by two or more persons, but without the allocation of shares; such cases are provided for by law and are not recognized as valid on the basis of a contract.||The share of property determines in advance the properties to which the tenants will own; each owner has his or her own personal title and is responsible for the share allocated to him or her.|
|In the case of joint ownership, one of the owners cannot sell the property without the permission of the other.||The disposition of part of the property does not require the consent of the other owners.|
|Shared possession implies equal maintenance and payment.||Everyone pays for their share of the property only.|
|A clear example of shared ownership is the communal apartment, where responsibilities and rights are clearly shared among all owners, which will help to comply with rules and avoid conflict.||The common form of ownership of real estate is most common among spouses.|
How to buy an apartment in common share ownership
It is not feasible to purchase a share if the apartment is jointly owned without the allocation and retention of each tenant ' s property, but if the share has been allocated and entered into the Single State Real Estate Register (EGN), the transaction procedure consists of certain stages:
- The seller of the share shall notify the remaining owners of the sale of its piece of land, home, and apartments, as they are entitled to the first line of rights.
- A contract for the sale of an apartment into equity property may be entered into as soon as the owners of the remaining shares have refused to do so; the answer is given for one month, after the expiry of the notice ' s period of neglect, amounts to a refusal.
- Once these steps have been met, the seller and the buyer enter into negotiations and negotiations on all the terms and conditions; where the buyer insists on another agreement, the notice with the new terms must be sent again to the equity owners.
- The buyer must ensure that all necessary documents are in place and that there is no reason to cancel the transaction.
- The next step would be to conclude a contract for the sale of the share and to certify it to the notary, and the notary ' s assurance would guarantee the legal purity of the transaction.
- An act of reception and transmission is being drawn up and will be attached to the contract.
- The main and final action is registration in Rosreister.
List of documents to process the share of assets
The total equity property has its nuances, which affect the sales transaction itself and require additional documents.
- The parties ' passports;
- A statement indicating the exact size of the share to be realized;
- A document of ownership of the share;
- Technical and cadastral passports;
- Refusals received from other owners (or receipts confirming the dispatch of notifications 1 month ago).
The list may vary according to the situation and circumstances; on average, from the time the contract is drawn up to the time the owner of the share of the dwelling takes up to two weeks.
Buying an apartment by non-wives
If the dwelling is purchased by people who are not officially married (spouses, brothers, friends, etc.), the contract is automatically made into common equity property.
In order for everything to be done in accordance with the rules, the document must indicate the sum and shares each buyer contributed to them.
The rest of the process will not be different from the ordinary sales transaction.
Buying an apartment by spouses
In accordance with article 256 of the Criminal Code of the Russian Federation and article 34 of the Code of Criminal Procedure, if the spouses acquire an apartment during the marriage, it is their joint property.
- To conclude a new contract for two, where the personal data of both spouses will be entered into;
- To draw up a mutual agreement specifying the shares to be paid to each other in the event of divorce;
- To draw up and conclude a marriage contract.
A marriage contract is the most advantageous transaction, as it not only determines shares in real estate, but also all other expensive items and items.
To download the model of the marriage contract (contract).
Children ' s share
Children ' s shares may be allocated according to a notary obligation and of their own free will, and there are such types of obligations as:
- Obligation to allocate a share in accordance with the requirements of the Trusteeship Authority;
- If the share is paid with the mother ' s capital;
- :: Obligations placed on participants in budget programmes such as the Young Family.
When the share is allocated at the personal initiative of the familywith childrenThis can be done in such a way:
In the case of sole ownership of property, a notarized consent will be required from the second spouse.
How best to get an apartment into equity or joint property
Both options have their merits, and it is appropriate to make a choice depending on the situation.
The joint property will be excellent for those who are confident of the integrity of their co-owners and who are able to live with them easily, most often between spouses, in which case they are equally owners of the property acquired.
It is better to look at the form of property in a more difficult way, and then there will be limits between the occupants, so that they may avoid conflict or reduce it.
Buying a family apartment using Mother's Capital
In 2023, Mother ' s Capital amounted to 453,026 roubles and could be used to improve housing conditions:
- Renovation fees;
- Cooperative building;
- Construction of a private house;
- Mortgage costs;
- Acquisition of real property for cash or mortgage.
Some rules need to be observed using maternal capital:
- All real estate is bought, not only part of it;
- The second child must reach the age of 3 at the time of the transaction;
- The housing must conform to sanitary standards;
- The apartment building shall not be in an emergency state;
- The dwelling must be located within the Russian Federation;
- All members of the family must be allocated shares.
In calculating the maternal capital certificate, account must be taken of the fact that the funds will be transferred to an account two months after the receipt of the property rights; this condition should therefore be discussed in advance with the seller.
The procedure to be followed will be as follows:
- Conclusion of a sales contract.
- Registration of the transfer of ownership rights.
- Formulate an agreement to pay the missing amount by means of a certificate or obtain a credit in the amount of equal maternal capital.
- Application to the Pension Fund for the use of maternal capital for the purchase of an apartment.
- In conclusion, the money goes to the seller's account.
Acquisition of mortgage property — maternal capital can be used as an initial contribution or to increase a possible loan.
Features of notarization of shares of 31.07.2022
The changes made it possible to avoid the services of a notary, which is possible if the shares of all owners are sold in one transaction or if the mortgage contract is used with credit organizations.
Such innovations would help to reduce monetary costs, save time and preserve self-reliance.
Read more about the changes adopted in the article: The amendment to the Act on the Registration of Real Estates.
When you acquire a share of property, you need to understand all the nuances and be prepared for the difficulties that you might face. Knowing the future neighbors and living conditions will help you make a decision quickly. To avoid mistakes, you need to be careful about your choice.
Deduction by spouses
There are certain features in obtaining a property tax deduction in the case of a spouse ' s acquisition of a dwelling.
When buying a dwelling, the spouses themselves choose the type of property: the joint share (with shares), the joint share (with no share) or the individual ownership (with one spouse), which will then depend on how they can receive the deduction.
It is also very important when the spouses have the right to a deduction: the year of the signing of the certificate of acceptance or transfer of the dwelling, if the apartment was purchased under the equity agreement, or the year of obtaining the certificate of State registration of ownership of the facility, if the dwelling was acquired under the contract of sale or if the dwelling was built, before or after 1 January 2014.
If the spouses share the property
The amount of deduction between spouses shall be distributed according to their shares specified in the State property registration certificate and shall not be redistributed otherwise.
Even if, for example, one of the spouses had previously exercised his or her right to a deduction, he or she would not be able to recapture or waive his or her share of the deduction in favour of the other spouse.
Each spouse receives a deduction within his or her share.
This applies also to mortgage interest, the amount of the deduction by interest is distributed according to the amount of the certificate, and no matter which spouse has a loan agreement.
Each spouse submits a declaration of 3-NDFL and a package of documents independently of each other.
If the right to a deduction came after 1 January 2014, each spouse may declare the cost of purchasing up to 2 million roubles (depending on the cost of the dwelling) and receive up to 260,000 roubles (2,000,000 x 13% = 260,000).
If the deduction is due before 1 January 2014, only 2 million roubles (this is the deduction limit for the entire facility before 1 January 2014) are distributed according to the shares, and a maximum of 260,000 roubles (2,000,000 x 13% = 260 000) of the return tax will be available to the spouses for the family (provided that there are no other owners).
Example 1Ivanov ' s spouses purchased an apartment for a total of 5 million roubles in 2015 using a mortgage, and the interest paid amounted to 3 million roubles, and each one ' s ownership share was 1/2.
Each of the spouses may declare the amount of the cost of purchasing 2 million roubles in their declaration (a deduction per owner) and the amount of interest of 1.5 million roubles (3 million x 1/2 = 1.5 million).
Total return for each (2 million + 1.5 million) x 13% = 455,000 roubles.
Example 2Smirnov ' s spouses purchased an apartment for 2.1 million roubles in 2014, a share of the property of Smirnov A.A. 2/3, a share of Smirnov ' s ownership of E.K. 1/3. Smirnov A.A. will be able to declare a deduction of 1.4 million roubles (2.1 million x 2/3 = 1.4 million) and Smirnova E.K. will be able to claim a deduction of 700,000 roubles (2.1 million x 1/3 = 700,000).
Example 3. In 2013, Sidorov ' s spouses acquired a flat in equal share for 3 million roubles (each for 1/2) each of the spouses can claim 50 per cent of the maximum deduction of 2 million roubles per apartment, i.e. 1 million roubles each, for a return of 130,000 roubles each.
If the spouses share joint property
According to the Family Code (arts. 33, 34), all property acquired during marriage is joint property.
It is important, however, that at the time of the purchase of the dwelling (sale contract, equity contract, payment) the marriage between the spouses is formalized and the marriage contract (or contract) is not concluded.
It does not matter which spouse is entitled to ownership of the purchased housing and payment documents, and it is believed that the expenses were incurred from the overall family budget.
Each of the spouses has the right to file a separate declaration of 3-NDFL with a separate package of documents confirming the right of deduction (as independent taxpayers).
If the deduction came after 1 January 2014, each spouse may claim a full deduction of 2 million roubles, provided that the value of the housing purchased is 4 million roubles or more.
If the cost of housing is less than 4 million roubles, the deduction may be redistributed by forming an Agreement (the Application) on the distribution of the deduction and making it available to the Inspectorate, together with the rest of the documents attached to the declaration.
The application is signed by both spouses.
An important factor is the fact that deductions may be distributed in any proportion, e.g. 50 per cent and 50 per cent, 70 per cent and 30 per cent, even 100 per cent and 0 per cent, i.e. one spouse may refuse the other, e.g. if one of the spouses has previously exercised his or her right of deduction under another object, or if one of the spouses does not have a taxable income at the rate of 13 per cent.
The application for deduction shall be prepared and submitted to the inspection only once, and the conditions for allocation of deduction shall not be changed in the future, nor shall part of the deduction be waived in favour of the other spouse.
The deduction by interest on mortgage is distributed in the same proportion as the amount of the cost of acquisition or construction, which is stated in the same Statement.
If a deduction is made in the ratio of 100 per cent to 0 per cent, the second spouse (of whom 0 per cent) will in the future be able to exercise his or her right of deduction for another dwelling.
Of course, provided that he had never exercised that right before distribution.
Since it is considered that if the taxpayer has not personally applied to the inspection net of net and has not filed a declaration, he has not used the deduction.
If the deduction is due before 1 January 2014, the maximum deduction for the whole property is 2 million roubles, and even if the housing is expensive, only 2 million roubles can be distributed among the spouses; otherwise, the same is true.
Example 1The couple of Andreevs bought an apartment for 2.2 million roubles in 2012 and placed it in common property, and the wife is not working, so the spouses agreed to distribute the deduction as follows: 100 per cent to the husband and 0 per cent to the wife; as a result, the husband filed a declaration and declared a deduction of 2 million roubles.
Example 2In 2015, Kotov ' s spouses purchased an apartment for 8.8 million roubles in joint property, without the need for a deduction, each of whom can declare a maximum limit of 2 million roubles and receive a return tax of 260,000 roubles.
Example 3The spouses of the Maltsevs purchased a mortgage in 2014 into a joint property, an apartment price of 2.5 million roubles, and interest payments of 700,000 roubles.
Since the husband has more taxable income, the spouses have decided to allocate a deduction of 80 per cent to the husband, 20 per cent to the wife; accordingly, the husband will be able to receive a deduction of 2.56 million roubles (2 million rubles + 560,000 rubles per percentage) and the wife will receive 640,000 roubles.
(500,000 rubles at a cost of 140,000 rubles per cent)
How do you get the maximum deduction quickly and easily?
It's the easiest thing to do quickly to prepare the right documents for the maximum return and to file these documents with the Tax. With the Tax, the Inspectorate will approve the documents and you won't have to redo them. You'll get the right documents and expert advice, and then you'll be able to choose whether to take the documents to the Inspectorate yourself or to file them online.
If the property is individual
Thus, if the dwelling was acquired during the marriage, but the property and payment documents are issued to only one of the spouses, in which case, as has already been written, since the property acquired during the marriage is common joint property (under arts. 33, 34 of the UK), both spouses are entitled to a deduction.
Deduction can be redistributed by agreement (1) by drawing up a Deduction Application; the entire deduction may be taken by the spouse who has the right of ownership (2), then the Application will not be required.
If, in the first application net of application, no application is submitted, this shall be considered as a deduction in its full favour.
ExampleMikhaylov ' s spouses purchased an apartment in 2011 at a cost of 2.6 million rubles and issued only for their wife; they were not aware of their right to deduction for some time, and when they learned in 2016, they decided that the husband would receive the deduction.
As the wife retired in 2011 and no longer worked, the husband continued to work.
In his declaration, he will apply for a deduction of 2 million roubles (maxim) and attach to the declaration the application for a deduction that he will receive 100 per cent and the wife 0 per cent.
How to Get Tax Deduction
On the Tax website, you will find everything to get a deduction in any part of Russia. The tax will help not just to prepare and file documents, but to maximize the amount of return, to prepare documents correctly, and to make the return process as simple as possible for you. With the Tax, the probability that the State will approve the documents and they will not have to be revised will be maximized:
|Get the right documents on the Tax website.It will be quick and easy with us to get the right documents for the deduction (the declaration and the application).|
|Attach the list documents to the declaration.The list of documents for deduction can be found in the section on Useful/Subtractive Documents on the website.|
|I'm gonna file the papers and get the money.The documents you have prepared will remain online through the Tax or will be taken to the Inspectorate and will receive the money.|
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